You forgot service marks, for one thing.
--On onsdag, januar 26, 2005 15:51:43 -0500 Dean Anderson <dean@xxxxxxx> wrote:
Did you get a look at this below? It seems to have been lost in the noise, so I'll repost.
The notion of giving source code but retaining patent rights is not entirely academic. Novell asserted (for a while anyway) that it never transfered patents covering Unix to SCO. Some people/companies are certainly interested in selling/transferring copyright and patent rights separately, as well as trademarks (e.g. the Unix trademark now owned by The Open Group)
The IETF needs to get everything necessary to use the software and/or data, and everything necessary to give the software/data to someone else to use.
--Dean
---------- Forwarded message ---------- Date: Mon, 24 Jan 2005 00:09:57 -0500 (EST) From: Dean Anderson <dean@xxxxxxx> To: Harald Tveit Alvestrand <harald@xxxxxxxxxxxxx> Cc: ietf@xxxxxxxx Subject: Re: Legal review results 1: Intellectual property
One problem:
One can have full control over the software source code copyright but not over the patents that cover use of the software. If you don't have a patent license, you can't use patented software.
The text should be modified to include specifications that one is given control over the applicable copyrights, patents, and trademarks as necessary for use by the general public. As someone pointed out, open source software should meet the definition. Open patents should also meet this definition.
Aside: This is an example of why you should avoid the term "intellectual property". There is really no such thing as "intellectual property". Instead there are patents, copyrights, and trademarks. Each of these are unique. Thinking of a single concept of "intellectual property" leads one to miss the differences between them. "patents, copyrights, trademarks" is just a few more letters to type, and leads to much greater clarity. "intellectual property" is a term, like "partial-birth abortion" that was made up by one side to advance its views. Neither are technical terms. Both are misleading.
--Dean
On Fri, 21 Jan 2005, Harald Tveit Alvestrand wrote:
In this and a few later messages, I'm relaying comments from Jorge Contreras, the IETF's pro bono legal counsel. ------------------------------------------------------------ 1. Intellectual Property. I think I understand the reason for including an explicit requirement that IP created in support of IETF activities be usable by IETF on a perpetual basis. The way this concept is expressed, however, should probably be adjusted slightly to reflect the way IP rights are actually conveyed and licensed.
Old Text (Sec. 3.1, paragraphs 5-6)
The IAD is responsible for ensuring that all contracts give IASA and the IETF the perpetual right to use, display, distribute, reproduce, modify and create derivatives of all data created in support of IETF activities. This is necessary to make sure the IETF has access to the data it needs at all times, and to ensure that the IASA can change contractors as needed without disrupting IETF work.
Whenever reasonable, if software is developed under an IASA contract it should should remain usable by the IETF beyond the terms of the contract. Some ways of achieving this are by IASA ownership or an open source license; an open source license is preferable. The IAD shall decide how best to serve the IETF's interests when making such contracts.
Suggested new text (Sec. 3.1, paragraphs 5-6)
(A) If a contract entered into by ISOC on behalf of IASA and/or the IETF (an "IASA Contract") provides for the creation, development, modification or storage of any data (including, without limitation, any data relating to IETF membership, documents, archives, mailing lists, correspondence, financial records, personnel records and the like) ("Data"), then the IAD shall ensure that such contract grants to ISOC the perpetual, irrevocable right, on behalf of IASA and IETF, to use, display, distribute, reproduce, modify and create derivatives of such Data. ISOC will permit IASA and its designee(s) to have sole control and custodianship of such Data, and ISOC will not utilize or access such Data in connection with any ISOC function other than IETF without the written consent of the IAD.
(B) If an IASA Contract provides for the creation, development or modification of any software (including, without limitation, any search tools, indexing tools and the like) ("Developed Software") then the IAD shall, whenever reasonable and practical, ensure that such contract either (a) grants ownership of such Developed Software to ISOC, or (b) grants ISOC a perpetual, irrevocable right, on behalf of IASA and IETF, to use, display, distribute, reproduce, modify and create derivatives of such Software (including, without limitation, pursuant to an open source style license). It is preferred that Developed Software be provided and licensed for IASA and IETF use in source code form. ISOC will permit IASA and its designee(s) to have sole control and custodianship of such Developed Software, and ISOC will not utilize or access such Developed Software in connection with any ISOC function other than IETF without the written consent of the IAD. The foregoing rights are not required in the case of off-the-shelf or other commercially-available software that is not developed at the expense of ISOC.
(C) If an IASA Contract relates to the licensing of third party software, the IAD shall ensure that such license expressly permits use of such software for and on behalf of IASA and/or IETF, as applicable, and that such license is transferable in accordance with the provisions of Section 7 (Removability).
In addition, the principle stated in 2.2(7) should be expanded to include software, as well as data.
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My biggest problem with this is size..........
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